2024 Ohio 3168
Ohio Ct. App.2024Background
- Plaintiff Chaefone Gray filed a medical malpractice suit after the death of a child following an ileostomy closure at Cincinnati Children’s Hospital Medical Center (CCHMC).
- The complaint alleged the child's health deteriorated due to postoperative complications and alleged negligent care, eventually resulting in the child’s death.
- Multiple claims were brought against CCHMC and ten individual physicians, including negligence, wrongful death, and related claims.
- The trial court issued a scheduling order requiring plaintiff to disclose expert witnesses and summaries by September 28, 2023, warning failure would preclude expert testimony.
- Plaintiff did not submit timely expert disclosures; only after summary judgment was sought did Gray attempt to disclose an expert, but the disclosure was incomplete and procedurally deficient.
- The trial court granted summary judgment to defendants and excluded Gray’s late expert disclosure; Gray appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excusable neglect for late expert disclosure | Counsel’s non-receipt of scheduling order was excusable | Gray’s counsel had notice; failing to timely disclose is inexcusable | Excusable neglect not shown; disclosure properly excluded |
| Necessity of expert testimony | Common knowledge exception should apply | Case involves complex medical issues beyond lay understanding | Expert testimony required; common knowledge exception inapplicable |
| Compliance with expert disclosure rules | Late, summary disclosure was adequate | Disclosure failed to meet Civ.R. 26 requirements | Disclosure did not comply; exclusion was proper |
| Summary judgment propriety | Genuine issues of fact exist due to disclosure issue | No genuine issue—plaintiff lacked required expert evidence | Summary judgment affirmed for defendants |
Key Cases Cited
- Bruni v. Tatsumi, 46 Ohio St.2d 127 (expert testimony required to prove standard of care in medical malpractice)
- Ramage v. Cent. Ohio Emergency Servs., Inc., 64 Ohio St.3d 97 (common knowledge exception to expert testimony requirement is narrow and limited to ordinary matters)
- Hoffman v. Davidson, 31 Ohio St.3d 60 (failure to produce expert testimony supports summary judgment in medical claims)